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The Warren Court

The Warren Court. 1953 – 1969 Chief Justice Earl Warren Liberal decisions Supported the rights of the individual Believed in “judicial activism”

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The Warren Court

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  1. The Warren Court • 1953 – 1969 • Chief Justice Earl Warren • Liberal decisions • Supported the rights of the individual • Believed in “judicial activism” • In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights.

  2. Warren Court Decisions

  3. Mapp v. Ohio (1961) • Search of Mapp’s house for betting slips uncovered obscene materials • 4th Amendment – protects against unreasonable search & seizure • People are protected against unwarranted search and seizure – specific search warrant • The “Mapp Rule” has since been modified by decisions of the Burger Court, including Nix v. Williams, 1984 (inevitable discovery rule), and U.S. v. Leon, 1984 (“good faith” exception), so the exclusionary rule is no longer as absolute as when first handed down in Mapp.

  4. Gideon v. Wainwright (1963) • Gideon could not afford attorney; state would provide one only in case of capital offense • 6th – right to counsel & 14th - equal protection • States must provide attorney to all in felony & capital cases • More than 45 years after Gideon, the right to counsel has been expanded to juveniles (In re Gault, 1967) and for those charged with misdemeanor crimes that carry jail sentences (Argersinger v. Hamlin, 1972). In Panama City in 1961--for the burglary of 12 bottles of Coca Cola, 12 cans of beer, four fifths of whiskey, and about $65 in change from the cigarette machine and jukebox of the Bay Harbor Poolroom--Clarence Earl Gideon, a penniless drifter too poor to hire a lawyer, asked that the state appoint counsel for him. His request was denied.

  5. Baker v. Carr (1962) • Legislative reapportionment (redistricting) had not taken place → rural over-representation • 14th Amendment – equal representation • State redistricting must be done regularly so “one man’s vote = another man’s vote”

  6. Miranda v. Arizona (1966) • Miranda was convicted of rape & kidnapping based on statements he made to police • 5th- remain silent; 6th – right to counsel; 14th – equal protection • Police must inform suspects of their rights: the Miranda Warnings

  7. Miranda Warning • “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.”

  8. Tinker v. Des Moines School District (1969) • Marybeth & John Tinker were not allowed to wear black armbands to school to protest the war in Vietnam • 1st Amendment – free speech • Even students have rights – free, silent, symbolic speech …”don’t shed their rights at the schoolhouse gate” – as long as it doesn’t interfere with the educational process

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